Tuesday, March 28, 2000
New limits proposed for adult stores
Hustler owner scoffs at plan
BY JANET C. WETZEL
The Cincinnati Enquirer
MONROE — City Council is moving to strengthen the zoning code dealing with sexually oriented businesses, but Jimmy Flynt says that won't stop him from moving forward with a new Hustler store.
“I hope to break ground this week,” Mr. Flynt said Monday.
Public hearings and a first reading will be held during council's 7:30 p.m. meeting today on proposed zoning code changes. The changes were recommended by Community Defense Counsel, an Arizona-based law firm that advises local governments dealing with sexually oriented businesses.
But Mr. Flynt and his attorney, Louis Sirkin, said even if those zoning changes are approved at the April 11 meeting, they should have no bearing on the Hustler project because it was proposed and site plans filed by March 1.
“I'm going ahead with my project,” Mr. Flynt said. “If they change their laws and it affects that, that will have to be dealt with in court.”
Last week, the city planning commission refused to approve his site plan until he submits more details on his adult merchandise.
Mr. Flynt, brother of Hustler magazine Publisher Larry Flynt, plans to build a Hustler store at Ohio 63 and Interstate 75, next to Bristol's Show Club & Revue.
Many residents and local churches oppose the plan.
Monroe Law Director Philip Callahan could not be reached Monday to say whether the proposed changes could affect Mr. Flynt's plans.
Jay Stewart, city zoning enforcement officer, declined to speculate. But Mr. Stewart said it was not the city's intent to use zoning changes to battle the Hustler project.
“We could have moved faster with this,” Mr. Stewart said. “But we felt confident with the code we had. When we started talking to CDC they suggested a few changes that could bolster the adult zoning code.”
The proposed zone changes include eliminating the need for a conditional-use permit for sexually oriented businesses, said City Manager Don Whitman. But it leaves a list of requirements, such as not allowing sexually oriented businesses within 1,000 feet of each other, a church, a motel, residences and schools. If approved after the second reading, they would go into effect 30 days later.
“This would remove the gray area. You either meet the requirements or you don't,” Mr. Stewart said.
As for Mr. Flynt's plans, a letter should be mailed by today to answer the city's demand for more information about the store's merchandise, Mr. Sirkin said. But he said the letter won't break new ground. It will primarily reiterate what he said in the public hearing last week, except it mentions a tobacco section.
Mr. Flynt acknowledges the store will carry adult videos, magazines and sex toys. But Mr. Sirkin told planning commissioners the merchandise will not represent a significant portion of the stock and trade, as defined in the city code.
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